INTERNATIONAL CONVENTIONS IN ENVIRONMENTAL PROTECTION AND THE

ROLE THEY PLAY IN PROTECTING THE ENVIRONMENT IN UGANDA.

CHAPTER 1

1.1 INTRODUCTION

International law is a system of principles and rules that govern relationships between states and
other internationally recognized problems. Among this international law, there is international
environmental law which simply encompasses group of international environmental laws which
affect environmental issues therefore it is a body of international law that concerns the protection
of global environment.1

International law introduces to us the International Environmental laws that are signed by the
states for the protection of the environment.

In most jurisdictions, the history of environmental law is a history of the progressive introduction
of state-level public regulation to address specific environmental problems2.

Uganda as one of the states signed and ratified a number of conventions and protocols on
environment which include united Nations convention to combat desertification (UNCCD),
United Nations Framework Convention on climate (UNFCCC), International waters (IWs) and
Convention On Biological Diversity (CBD) which were the focus of the National Capacity Self-
Assessment (NCSA) project and addresses all forms of pollution of the marine environment,
conservation of world life and their habitat, transboundary air pollution and desertification 3.

All these international initiatives that demanded transitional coordination and cooperation were
directed by the United Nations created in 1945 after the world war 2. The United Nations
Environment Program (UNEP) addresses these issues and policies as the United Nations
designated organization for the environmental concerns and policies.

1
Environmental Law 8th edition by Donald at page 86
2
Environmental Law 8th edition by Donald page229
3
Report of the NCSA for the implementation of the multilateral environment
1.2 BACKGROUND

The 1972 UN conference on the Human Environment in Stockholm was the first world
conference to make the environment the major issue and since then it has witnessed ever
increasing priority given to environmental protection and an increasing recognition of the need
for international cooperation to this end. The convention is to safeguard the environment and
human health from persistent organic pollutants (POPs). This cooperation has been undertaken
whereby new legal obligations, regional and bilateral international agreements have been signed
which are based on voluntary acceptance. These agreements address all forms of pollution and
desertification4.

As a result of the conference there was the establishment of the United Nations Environment
Programme (UNEP)which is responsible for the coordinating responses to environmental issues
within the United Nations systems.

In 1981 there was UN Assembly Resolution where having considered the report of the secretary
General on the revised draft World Charter for Nature, it expressed its conviction that the
benefits which could be obtained from nature depended on the maintenance of natural process
and on the diversity of life forms and it recognized the need to appropriate measures at the
national and international level.

Uganda formulated and adopted the international Environmental Law instruments from Article
38(1) of the ICJ STATUTE, the judicial organ of the UN system which identifies the four
sources of international law the court can employ to determine the applicable international law
that is binding in particular in which one of the sources is international conventions5.

In general, International law including conventions is based on the voluntary acceptance of

sovereign states that recognize it to be in their interest to sacrifice some degree of sovereignty in
return for commitment from others and at the same time, comply with international legal
obligations in order to maintain good standing in the International community.

States have to generally comply voluntarily with their international obligations, there is an
additional supporting principle of international law that treaties must be observed. That principle

4
Handbook on environmental law by Kenneth kakuru and ssekyana vol. 2 page 18
5
Article 38(1) of the ICJ statute
has been codified in the 1969 Vienna convention on the law of treaties. Article 26 of the
convention provides that every treaty in force in binding upon the parties to it and must be
carried out by them in good faith6.

INTERNATIONAL CONVENTIONS IN ENVIROMENTAL PROTECTION. THE ROLE

THEY PLAY IN PROTECTING THE ENVIROMENT

PROBLEM STATEMENT

In Uganda , there are several international conventions applicable as to the environment

protection Bonn Convention 1979,Montreal Protocol 1987, Vienna Convention 1988

The years since the 1972 UN Conference on the Human Environment in Stockholm have
witnessed ever increasing priority given to environmental protection and an increasing
recognition of the need for international cooperation to this end.

This cooperation has been undertaken in a variety of contexts not the least of which is the
codification of new legal obligations in the form of an impressive array of global, regional and
bilateral international environmental agreements.

These agreements address all forms of pollution of the marine environment, conservation of
wildlife and their habitats, transboundary air pollution, desertification.

Together with related international developments and the efforts of international organizations
and the NGO community, international environmental agreements prescribe basic obligations of
states. The agreements also frequently establish rulemaking procedures intended to supplement
those agreements

While states generally comply voluntarily with their international obligations, there is an
additional, supporting principle of international law that treaties must be observed. That principle
has been codified in the 1969 Vienna Convention on the Law of Treaties.

6
Article 26 of the 1969 Vienna Convention
Article 26 of the convention, entitled "pacta sunt servanda" provides that every treaty in force is
binding upon the parties to it and must be carried out by them in good faith.

This principle of customary and conventional international law underpins all the other
mechanisms embodied in international agreements concerning compliance and is the most
fundamental legal basis for the requirement that states meet their treaty obligations

The parties to a treaty are not bound by its terms until the treaty enters into force. No treaty
enters into force for a specific State until that State has ratified the treaty and deposited an
instrument of ratification with the appropriate depositary, and any preconditions of the treaty’s
entry into force have been satisfied. If the treaty makes no special provision for entry into force,
it enters into force as soon as all the negotiating States have ratified. More often, however, the
treaty will provide for its entry into force after a certain minimum number of States have ratified,
even if other States have not.

The treaty then becomes effective as between the ratifying States.

Most of the time, States are not interested in strong, binding agreements. In fact, the most
popular metaphor used to describe international environmental policy selection is one of
softening or dilution – attempts to “water down” proposals. Rather than opposing strong
environmental policies outright, governments often attempt to preserve flexibility by softening
proposed policies into non-binding principles, standards and guidelines.

Examples of these soft laws include the international drinking water guidelines established
by the World Health organization.

Another popular strategy, first employed in preparations for the Stockholm Conference is to
develop a comprehensive action plan for environmental management.

Here the emphasis is on creating a consensus document to guide national development policies
with respect to environmental protection. Action plans are not legally binding, but they often
presuppose international movement, eventually, toward binding policies.

The 1992 Agenda 21, the best known action plan, contains hundreds of pages of environmental
objectives and proposed policy measures to achieve them. The 2000 Millennium Development
Goals (MDGs) and 2002 WSSD Johannesburg Plan of Implementation (JPoI), like Agenda 21,
represent agreements among nations to act on environmental problems, but without the force of
binding deadlines or the fear of sanctions for failing to act.

Soft law can also be of great help in every day inter-state diplomacy. They may also effectively
be taken into account by municipal judges in evaluating the legality, with regard to international
law, of any internal administrative action having had or able to have some damaging impact on
the environment beyond national boundaries.

Furthermore, municipal judges may take these international standards and guidelines into
account in order to give a correct interpretation to very generally formulated international
obligations

In addition to establishing the specific obligations of State parties, most environmental treaties
also create their own administrative and policymaking bureaucracy to help the parties fulfill
treaty obligations, to help further the treaty’s mission, and to provide for a for international
environmental governance.

These institutions may be permanent or intermittent, and include conferences of the parties,
secretariats and subsidiary bodies including technical or expert committees.

Much like a corporate board of directors, the conference of the parties (CoPs) are the primary
policy–making organs of most MEAs. The CoPs usually occur once every one or two years and
conduct the major business of monitoring, updating, revising and enforcing the conventions.

Furthermore, once an MEA has entered into force, the CoP provides the mechanism by which
new protocols are adopted and amendments and modification made.

Thus, the CoPs play a crucial role in the vitality and continuing development of environmental
regimes, adapting those regimes to new information and changing circumstances as the need
arises.

Indeed, it is often through the CoP that the most stringent treaty obligations are created. The
CoPs are also crucial to addressing environmental crises that cannot wait for the development
and entry into force of entirely new conventions.

For example, when elephant stocks plummeted in the 1980s and early 1990s, the CoP to the 1973
Convention on International Trade in Endangered Species(CITES) adopted a moratorium on
trade in elephant ivory. Elephant populations have recovered significantly in many of its range
states

Secretariats are responsible for the day-to-day operations of the convention. The precise
functions of the secretariat vary from one treaty to the next; among the more common functions
are monitoring and reporting on treaty implementation, assisting implementation when
necessary, promoting scientific research relevant to the treaty’s objectives and contributing to the
further development of the law. In addition, virtually all secretariats serve as conduits for
communications among the treaty parties

In addition to secretariats, many MEAs also create subsidiary bodies or committees to address
specific (and usually technical) issues arising under the treaty. For example, the Convention on
Biological Diversity’s (CBD’s) Subsidiary Body on Scientific, Technical and Technological
Advice (SBSTTA) is established to provide the CoP… with timely advice relating to the
implementation of the convention. Another model used to address significant issues of treaty
administration or implementation is the use of committees, typically authorized directly under
the CoPs. For example the biennial meetings of the CITES CoP are supplemented by the more
frequent meetings of supplemental committees formed to address specific concerns. The standing
committee addresses issues relating to the budget, administrative concerns and internal affairs.

There exists no universal treaty governing liability for transboundary environmental damage. In
the absence of a binding agreement between nations, injured parties must look to customary
international law, one cornerstone or which is treaty law.

The advantages and necessity of bilateral and multilateral agreements for international
environmental issues are obvious. There are limits to the scope of environmental harm to which
even the most powerful country can respond unilaterally. For example, global media which such
as the oceans are particularly difficult to protect exclusively on the national level given the
existence of borders and the right of passage for foreign vessels through coastal waters. As such,
some form of international standard setting is required;

International agreements between countries provide the most direct means of prevention and
control as they can include precise environmental standards. Upon ratification, the provisions
containing these standards immediately inquire an obligatory character under the terms of the
agreement

Therefore the study is aimed at finding the role played by the International Conventions on
the environmental protection

OBJECTIVES

 To find out what international Conventions are applicable to the protection of the
environment In Uganda

 To find out the role played by the international Conventions in the protection of the
environment specifically in Uganda

RESEARCH TOPIC:

International Conventions in Environmental Protection: The role they play in protecting

the environment- Case study, Uganda.

Objectives of the study:

i) To establish the impact the international conventions in environmental protection

have in protecting the environment in Uganda.
ii) To find out the role of government in implementing the resolutions made by
international conventions in environmental protection.
iii) To establish the people’s awareness in reference to environmental protection laws as
recommended by international conventions in environmental protection.

Research questions

i) What impact has the international conventions in environmental protection caused in

protecting the environment in Uganda?
 ii) What is the role of government of Uganda in implementing the resolutions made by
international conventions in protecting the environment in Uganda?
iii) To what extent are Ugandans aware about environmental protection laws in reference
to recommendations made by international conventions in environmental protection?

Justification of the study

An international environmental convention is a legally binding agreement negotiated among

governments to take action together to combat or mitigate a global environmental threat 7.
Reaching an agreement to take such action among sovereign nations with diverse interests is no
small task.

Several conventions have taken place and respective government have responded in trying to
implement different resolutions through locally formed authorities like Uganda’s National
Environment Management Authority (NEMA)

Since Ramsar convention of 1971 on wetlands which was adopted in Ramsar city, Iran, and
came into force in 1975,8 several other conventions have taken place and respective
recommendations were put in place in endeavoring to protect the environment. The 1971 Ramsar
convention was re-enforced by Stockholm convention on persistent organic pollutants which was
adopted in Geneva, Switzerland in 2001 and came into force in 20049. Other conventions include
the 2016 Kigali agreement10 which was an amendment of the Montreal Protocol on use of
mercury, and 1998 Rotterdam Convention11 which was about Prior Informed Consent (PIC)
procedure for certain hazardous chemicals and pesticides in international trade.

Although there have been several environmental protection conventions including the most
recent Africa climate summit that was hosted in Nairobi Kenya from 4-6 September 2023, 12 the
Uganda’s environmental protection indicators are still very low. A case in point, the
Uganda’s forest cover declined from 24% of Uganda's total land area in 1990 to 9% in 2015, a
loss of about 3 million hectares, while wetland cover decreased from 15.5% in 1994 to 8.9% in

7
https://byjus.com/free-ias-prep/environment-conventions-protocol
8
https://www.dcceew.gov.au/water/wetlands/ramsa
9
https://chm.pops.int/portals/0/repository/convention_text/unep-pops-cop-convtext-full.english.pdf
10
https://www.state.gov/u-s-ratification-of-the-kigali-amendment
11
https://enb.iisd.org/articles/rotterdam-convention
12
https://africaclimatesummit.org
202013. Such decrease in forest cover and wetlands is alarming and International conventions on
environmental protection seem to have very little impact, therefore, there is a need to carry out
research to find out if there is an impact in International Conventions in Environmental
Protection in as far as protecting the environment in Uganda is concerned.

INTERNATION CONVENTIONS IN ENVIROMENTAL PROTECTION, THE ROLE THEY

PLAY IN PROTECTING THE ENVIROMENT, CASE STUDY UGANDA

CHAPTER TWO

LITERATUTE REVIEW

This chapter introduces international conventions and the role they play in protecting the
environment in Uganda which is the area of study

An international environmental convention is a legally binding agreement negotiated among

governments to take action together to combat or mitigate a global environmental threat, Uganda
is a party to several international conventions and agreements related to environmental
protection.

The United Nations (UN) after the destruction caused by the Second World War, the United
Nations was created as a global organization that will bring the different nations together 14.

This global organization provided among others an institutional framework as a basis for the
development of International environmental Protection laws. The United Nations Environment
Program (UNEP)

This was a creation of the decision reached at the 1972 Stockholm Conference as a body to guide
the future development of international environmental protection law. This body with about 58

13
Ministry of Water and Environment, 2016, 2020
14
The role of international law in Environmental Protection By Anambra state University ,Igbariam Campus
representatives was to provide general policy guidance to the United Nations for better
environmental protection.

With the 1992 Rio Conference, the body now takes the lead in formulating law and policies,
collates and disseminates environmental information and provides scientific advice to the
commission on sustainable development.

The Stockholm convention of 1972, this declaration has 26 principles these aim at protection of
the environment and it addressed the persistent organic pollutants, Uganda subscribes to this
convention and its main aim is to eliminate, restrict the production and use of persistent organic
pollutants that can harm human health and the environment at largeth15.

The laws in this were used under our domestic law that the constitution which is the grand norm
it recognizes the importance of the environment and it enshrines parliament with the duty to
protect and preserve the environment from abuse, pollution and degradation so as to manage the
environment sustainably and also promote environmental awareness (article 245).

Article 38 which provides for a right to a clean and healthy environment, and this has been
achieved because of such conventions

Convention on biological diversity (CBD), UGANDA is part of this the CBD its aim is to
conserve biological diversity, promote sustainable use of components, ensure the fair and
equitable sharing of benefits arising from genetic resources

Uganda is also part of the UNFCCC (UNITED NATIONS FRAME WORK CONVENTION ON
CLIMATE CHANGE) this convection addresses climate changes and its impact in Uganda, not
forgetting mitigation and its impact

Ramsar convention on wetlands, Uganda is a party to the Ramsar convention which focuses on
the conservation, this one focuses on the conservation and sustainable use of wetlands.

in the case of NYAKAANA V NATIONAL ENVIROMENTAL MANAGEMENT

AUTHORITY AND ORS (CONSTITUTIONAL APPEAL NO 5 OF 2011, 2015 UGSC 14(20
AUGUST 2015), in this case the plaintiff was constructing on a wetland upon inspection by the
NEMA (NATIONAL ENVIROMENTAL MANAGEMENT AUTHORITY) it was found out

15
Hand book on environmental law by kakulu Kenneth
that the construction was in a wetland and issued a restoration order requiring the petitioned to
comply with the conditions this is a clear impact of this convention.

THE role of NEMA is to create, establish and maintain an efficient mechanism for sustainable
environmental and natural resources management at national, district and community levels.

Basel convention on the control of Transboundary movements of hazardous wastes and their
disposal, this convention deals with the management of hazardous wastes and their
transboundary movement.

Uganda is also part of the convention on international trade in endangered species of wild Fauna
and Flora (CITES) this convention regulates international trade in a bid to protect wildlife.

Montreal protocol on substances that deplete the ozone layer, Uganda is a great member this
protocol which aims to phase out the use of oszones depleting substances

In our research, we basically want to establish the impact of international conventions in

environmental protection in Uganda

The role of government in implementing the resolutions made by the international conventions in
environmental protection in Uganda

And the awareness of Ugandans on environmental law in as far as international conventions are
concerned

SIGIRE ADONIA

In August 2011, President Yoweri Kaguta Museveni announced that he planned to give away
part of Mabira rainforest to the Sugar Corporation of Uganda Limited (SCOUL) in Lugazi,
Mukono to grow sugarcane.16 The president explained that his action was to enhance sugar
production in the country. Nonetheless, President Museveni had made a similar proposal in 2007,
and abandoned it after it was received with immense resistance from the public and
environmental groups. The Ugandan government has also given away other forest land to private
investors, including Bugala Island in Lake Victoria to a vegetable company to grow palm trees.

16
Paul busharizi, new vision, August 29, 2011
This Note argues that the Ugandans opposed to the give-away of forest land to private companies
can bring public interest litigation under Article 50 of the Constitution. The Note further
proposes that to save private forests, Uganda should seek guidance from U.S. case law on
applying the public trust doctrine to trust resources on private property.17

The Environmental Action Network Ltd v The Attorney General and the National
Environment Management Authority MISC. APPLICATION No. 39 OF 2001 High Court
of Uganda at Kampala

The plaintiff, a public interest litigation group, brought an application on its own behalf and on
behalf of the non-smoking members of the public, to protect their rights to a clean and healthy
environment, their right to life, and for the general good of public health in Uganda. The plaintiff
stated that several medical reports highlighted the dangers of passive smoking or environmental
exposure to tobacco smoke. Therefore, he sought declarations and orders to this effect. The issue
came before the court on several preliminary objections raised by a State Attorney, including: (a)
that the applicant had no cause of action; (b) there was inadequate evidence in support of the
suit; (c) that the applicant was not an expert on the effects of secondary smoke; and, (d) that the
applicant had no standing to represent Uganda's non-smokers.

Held

The Court first established that smoking in public is not a crime either under any Ugandan
statutes, and that Courts had no jurisdiction to create new criminal offences. The Court overruled
the preliminary objection that referred to the credibility of the evidence (medical reports)
presented, stating that such evidence could be challenged during the hearing.

Then the Court established that the absence to date of judicial preemptive action was not a reason
to prohibit the public from requesting immediate and urgent redress. Finally, the Court held that
Article 50 of the Constitution did allow public interest litigation by the plaintiff, given that the
interest of public rights should transcend procedural technicalities.

Abdikadir Sheika Hassan & others v Kenya Wildlife Service Civil Case No. 2059 Of 1996,
High Court Of Kenya At Nairobi
17
Nampewo, Catherine, saving Mabira forest
In this case, the Plaintiff on his own behalf and on behalf of the community sought an order from
the High Court of Kenya restraining the defendant, a Kenya Government Agency operating
under an Act of Parliament, from removing or dislocating a rare and endangered species named
the "Hirola" from its natural habitat.

Held

The Court observed that according to the customary law of the people, those entitled to the use of
the land are also entitled to the fruits thereof including the fauna and flora. While this could be
changed by law, according to the Wildlife Conservation Act, the defendant is required to
conserve wild animals in their natural state. The Court held that the Respondent would be acting
outside its powers if it were to remove any animals/flora from their natural habitat.

Nairobi Golf Hotels (Kenya) Ltd v Pelican Engineering And Construction Co Ltd High
Court Of Kenya At Nairobi Civil Case N0.706 Of 1997

The Plaintiff owned land on which it erected a resort hotel/club, conference facilities and a 18
hole golf course. The Plaintiff claimed that it conserved nature by maintaining indigenous
vegetation. The boundary of the land was the centre of the Gatharaini River, which flows from
west to east. The Plaintiff, with the permission of the Water Apportionment Board, erected a dam
from which it derived water for the maintenance of the golf course. The Plaintiff claimed rights
to the use of water from the river as a riparian owner.

The Defendant, without permission from the Water Board, erected a concrete reinforced wall
across the river up-stream, and erected a temporary water reservoir pending construction of a
dam. It installed a water pump and diverting large quantities of water from the river via the
reservoir to its land for irrigated floricultural and horticultural farming and water storage
reservoirs thereby extinguishing the natural flow down stream of Gatharani River. The
Defendants’ actions adversely affected the plaintiff’s user of its own dam and water rights
causing the grass on the Golf course and vegetation to wither.

The Plaintiff filed a suit against the defendant claiming damages and a permanent injunction to
restrain the defendant from constructing such dam and from trespassing on the plaintiffs' land.
On the same day, plaintiff filed an application for an injunction to restrain the defendant from
constructing a dam on Gatharani River, from diverting the river water, and from trespassing on
the plaintiffs’ land. This injunction was granted and the Defendant raised a series of preliminary
objections, including the plaintiff's lack of standing since, according to the Water Act, water is 4
vested in the Government.

The Defendant argued that as the Water Apportionment Board is charged with determining the
utilisation of water, the plaintiff should have lodged a complaint with that body and that the
plaintiff could only come to court to seek judicial review after all the administrative machinery
under the Water Act had been exhausted: Finally, because the Defendant leased the land to a
third party responsible for the actions affecting the Plaintiff, the defendant argued that it had
been sued wrongly.

Held

Court held that although it is true that water in Kenya is vested in the Government, Section 3 of
the Water Act provides that this is subject to any rights of user granted under the Act or
recognized as being vested in any other person. This being so, the Court implied a duty to
preserve, control and apportion water for the general good of the people; and a power to require
permits for the extra ordinary use of water. The Court stated that a "riparian owner is a person
who owns land on a bank of a river, or along a river or bordering a river or contiguous to a
river". Under the common law, and as permitted by section 38 of the Water Act, a riparian owner
"has a right to take a reasonable amount account of water from a natural river as it flows past his
land for ordinary purposes such as domestic use which includes such things as watering his
animals, his garden…(and he) can even construct a dam", subject to certain limitations in the
Water Act. The Court suggested that if the defendant had taken water without the Government’s
permission, then the Government could bring a prosecution. However, the Court stated that
others with an interest could also take proceedings against the defendant in such circumstances.
The Plaintiff, as a riparian owner, was entitled to apply for an injunction to restrain the defendant
from making extraordinary use of water for irrigation purposes. Finally, the court stated that
although the defendant had leased its property to a third party, the plaintiff had a cause of action
against the defendant who might then wish to join the third party to the proceedings
Greenwatch and Advocates Coalition For Development & Environment v Golf Course
Holdings Ltd.18 The Environmental Action Network, Ltd (TEAN in short) filed and application
seeking: (a) a declaration that the respondent failed to warn the consumers and potential
consumers or its cigarettes of the health risks associated with smoking of the said products; (b) a
declaration that the respondent’s failure constituted a violation of or a threat to such persons’
constitutional right to life; and (c) an order that the respondent place on packets of its cigarettes,
its advertising and marketing materials, and at all its advertising and marketing events, warning
labels or signage, with such wording, graphics, size and placement as in the court’s
determination, are sufficient to fully and adequately inform consumers of its cigarettes of the full
risks to their health.

Held

The court could not determine fully and sufficiently the kind of information to be included in the
desired labels and publication. It simply did not have the expertise to do so; and in fact, the way
the pleadings were couched, it imposed on the court a duty it could not discharge. It was or the
applicant to present the court with sufficient information that would allow the court to consider
the matter at hand.

Festo Balegele & 749 others v Dar es Salaam City Council19, The applicants sought orders of:
(i) certiorari - to quash the decision of the respondent to allow the dumping of the city waste at
Kunduchi Mtongari; (ii) prohibition - barring the future use of the refuse dump site; and (iii)
mandamus - to direct the respondent to establish an appropriate refuse dumping site. It was not
disputed that Kunduchi Mtongani lay within the jurisdiction of the city council and that, although
that the site was zoned as a residential area and the applicants resided there, the respondent had
been dumping the city refuse and waste at the site. The burning of the waste had generated
smoke and offensive smells and had attracted flies. The respondent contended that the disposal
of refuse in the area was temporary and sought an order to continue dumping as without this
facility it could not perform its statutory duty of collecting refuse for disposal. Held The court
upheld the locus standi of the applicants and granted them orders sought. The court ruled that it
18
Greenwatch and ACODE V golf course holdings ltd MISC. APPLICATION no.390/2001[arising from H.C.C.S no.
834/2000] High court of Uganda at anakawa
19
Festo balegeleand 749 orths v Dar es salaam city council, civil suit no. 90 of 1991
was a denial of a basic right deliberately to expose anybody's life to danger and it was eminently
monstrous to enlist the assistance of the court in this infringement.

Joseph D. Kessy and others v The City Council of Dar Es Salaam

The residents of Tabata obtained a judgment from Court in which the City Council of Dar Es
Salaam was ordered to, inter alia, to cease using the Tabata area for dumping of garbage
collected in the City, and to construct a dumping ground at site or place where the activity would
not pose a danger to life. The City Council then filed an application for review of the judgment
while seeking a stay of execution of the judgment, arguing that although the City Council had
plans to move the dumping site, it would still take two more years to accomplish this. Because of
this the Council had already begun work on establishing three mini-dumps in three districts of
the city. This work would also take about a year to complete. Hence, the Council requested the
execution of the judgment be stayed for one year, and the Court agreed to grant it. Two days
before the expiration of the extended term of compliance the defendant solicited a new extension
for an additional year after alleging delays due to technical problems. The court again granted the
requested extension. One day before its corresponding expiration, however, the situation was
repeated and the defendant solicited a new extension of three months. The plaintiff fiercely
opposed this further stay and argued that the defendant was failing in its duty to ensure the health
of the city's residents, and that the court had no further jurisdiction to extend the original term of
compliance. The defendant argued that the Court could not take action to interfere with the
Council's statutory authority.

Held

The Court held that indeed once the judiciary had set a term for an injunction under principles of
functus officio its jurisdiction ended. Regarding this matter, the court argued that "(t) the
execution of an injunction…is the operation of the injunction itself; therefore to suspend the
operation of such injunction is in effect to raise it"'. On the second matter, the court held that
though it is generally true that the judiciary cannot interfere with the statutory authority, in this
case there was grave pollution affecting the residents of Tabata. In consequence the continuing
delay on the part of the Council constituted a tort as well as a criminal action, which the court
was in no position to authorise.

The African Court of Human and Peoples’ Rights is one of the younger regional human rights
tribunals20 and it has recently addressed its first claims involving the protection of the
environment. In African Commission on Human and Peoples’ Rights v Republic of Kenya,21
the Court had to decide on whether the eviction of the Ogiek community from the Mau forest in
the Rift Valley of Kenya was a violation of the African Charter on Human and Peoples’ Rights.
In particular, the Court was faced with a claim that the eviction violated the right to property of
the Ogiek community. The Court observed that the right to property as expressed in Article 14 of
the African Charter was normally understood as an individual right, but it confirmed that this
right may also be collective in nature. In particular, the Court held that Article 14 had to be
interpreted in light of the United Nations Declaration on the Rights of Indigenous Peoples29
(UNDRIPS), which itself recognised in Article 26(1) that ‘indigenous peoples have the right to
lands, territories and resources which they have traditionally owned, occupied or otherwise used
or acquired’. The Court accepted that the Ogiek community should be recognised as an
indigenous population and they therefore had the right to occupy, enjoy and use their ancestral
lands in the Mau forest. Thus, in principle, their eviction was an interference with that right

In December 2015, the ICJ handed down its judgment in the joined cases of Certain Activities
carried out by Nicaragua in the Border Area and Construction of a Road in Costa Rica
along the San Juan River.22 Whilst Costa Rica was exonerated from any violation of
international law, the Court held that Nicaragua had breached its international obligations by,
inter alia, excavating several canals, which had affected the rich biodiversity of the disputed area.
According to the judgment, Nicaragua had an obligation to compensate Costa Rica for material
damages caused by the unlawful activities. The Court gave the parties an opportunity to agree on
the compensation that was owed, but this was not possible and Costa Rica applied to the Court in
January 2017, asking it to determine the damages. Costa Rica made claims under two broad
20
The court is established by Art 1 of the 1998 protocal to the African Charter on Human and Peoples Rights that
entered into force on 25th January 2004
21
African commission on human and people’s rights v republic of kenya application no. 006/2012, judgement, 26
may 2017
22
Summary in James Harrison, ‘significant international environmental law cases 2015-16’ (2016)28 JEL 533,533-38
headings, namely quantifiable environmental damage caused by the excavation of the canals and
additional costs and expenses related to monitoring the activities and the associated
environmental harm. The parties exchanged written pleadings, in which it became clear that they
differed significantly on the methodology to be used in calculating damages for environmental
harm caused by Nicaragua’s unlawful activities. This issue was the focus of a second round of
written pleadings and it was addressed in detail when the Court delivered its judgment on 2
February 2018. This judgment is significant because it is the first time that the ICJ has addressed
the question of compensation for environmental harm. The judgment begins by reciting the well-
known principles of international law relating to reparation, including the famous dicta of the
Permanent Court of International Justice in the Chorzo´w Factory Case that ‘reparation must, as
far as possible, wipe out all the consequences of the illegal act and re-establish the situation
which would, in all probability, have existed if that act had not been committed’. The Court built
upon this previous jurisprudence when it explained that ‘damage to the environment, and the
consequent impairment or loss of the ability of the environment to provide goods and services, is
compensable under international law [and] such compensation may include indemnification for
the impairment or loss of environmental goods and services in the period prior to recovery and
payment for the restoration of the damaged environment

Whilst a greater variety of human rights courts have been deciding environmental related claims
in recent years, the European Court of Human Rights (ECtHR) continues to develop its
jurisprudence on this issue. In this respect, the Case of Jugheli and others v Georgia30 is
interesting, because it dealt with an activity that had been occurring for almost 80 years, namely
the operation of a thermal power plant in the city centre of Tblisi.23

Residents of an apartment block in central Tbilisi began to complain to the local authorities
about toxic fumes from a thermal power plant just metres from their homes.

Ivane Jugheli, Otar Gureshidze, and Liana Alavidze were among those harmed by the plant’s
activities, which were not then subject to environmental rules.

23
Jugheli and others v Georgia, European court of human rights application no. 38342/05, judgement 13 july 2017
[2017] ECHR 660
Tbilisi City Hall told the plant to install chimney filters to reduce air pollution – but the request
was ignored.

Residents decided to take legal action against the plant and the authorities, claiming
compensation for the harm caused to their health and well-being.

Experts commissioned by a Tbilisi court to assess the environmental pollution caused by the
plant discovered that a “whole bouquet of emissions” was reaching residents’ homes.

There was no buffer zone between the plant and the apartment block. The lack of chimney filters
increased the risk to residents, who were found to be suffering from similar health complaints.
Doctors thought their illnesses could have been caused by the fumes.

The Georgian courts were not satisfied with this evidence, and Ivane, Otar, and Liana’s claims
were dismissed.

The European court found that the lack of environmental rules meant the power plant could carry
out potentially dangerous activities without necessary safeguards to avoid or reduce the air
pollution and its impact on Otar and Liana’s health and well-being.

This, together with the Georgian Government’s “passive attitude” to the pollution coming from
the plant, breached their rights.

Ivane Jugheli sadly passed away in 2016, before the European court issued its judgment

Also, in the case of Mbabazi and others v The Attorney General and National Environmental
Mmanagement Authority24, In 2012, the plaintiffs sought declaratory and injunctive relief on
behalf of four Ugandan minors. They argue that article 237 of the Ugandan Constitution makes
the government of Uganda a public trustee of the nation's natural resources—including its
atmosphere—and that articles 39 and 237 require the government to preserve those resources
from degradation for both present and future generations. Citing multiple examples of damage
and loss of life resulting from extreme weather events, the plaintiffs allege that the government
has breached its constitutional duty. In addition to asking the court to declare that the
government is violating its public trust duty by not addressing climate change and thereby failing

24
Mbabazi and other v AG and NEMA civil suit no.283 of 2012
to prevent present and future harms, the plaintiffs request several forms of injunctive relief, such
as orders compelling the government account accurately for nationwide greenhouse gas
emissions and developing a plan to mitigate those emissions.

NABAASA DAVID

Environment is defined as, “the surroundings or conditions in which a person, animal, or plant
lives or operates”25

According to black law dictionary, environmental law is defined as the field of law dealing with
the maintenance and protection of environment including prevention measures such as the
requirements of environmental impact statement as well as measure to assign the liability and
cleanup for the incident that harm the environment.26

An indication of what the environment encompasses at an international level is given by the

broad range of issues now addressed by international law; including conservation and sustainable
use of natural resources and biodiversity; conservation of endangered and migratory species;
prevention of deforestation and desertification; preservation of Antarctica and areas of
outstanding natural heritage; protection of oceans, international water courses, the atmosphere,
climate, and ozone layer from the effects of pollution; safeguarding human health and the quality
of life. Inevitably, however, any definition of the environment will have the quality of meaning
we want it to mean. Hence understandably, many international conventions avoid the problem of
definition, however, no doubt, as Caldwell remarks 'it is a term that everyone understands and no
one is able to define27.

Environmental law is a new creation that can be traced back to the 1960s. At that time, scientists
started to point out different elements that threatened the future of the planet. In reaction, public
opinion forced governments to take clear measures to stop environmental degradation, 4the
realization that environmental problems were by nature international led to the involvement of
the United Nations in 1968.28

25
Wikipedia oxford dictionaries
26
8th edition page 575, Garnar, Bryan A
27
Caldwell International Environmental law and Policy (1980). 1st Edition., Durharm, N.C. p. 170.
28
A kiss & j-p Beurier, Droit international de environment, 2 edition
Environment etymologically related to surrounding but obviously the concept that is relative to
the object which is surrounding in the sense the environment includes anything. Environment in
its generic sense comprises of air, water and land the thing imbedded and also embedded in the
land. The more specific meaning is taken as covering the common physical surrounding such as
airspace, water, land, plant and wildlife.29

According to NEAP, in 1 960s and 1 970s, a number of amendments were made to the basic
legislation inherited from colonialism. Most of the amendments were mainly directed in
changing institutional structure to make them fit into the new reality of an independence Uganda
example, the land reform decree 1975. A notable feature of the existing law on natural resource
management before 1995 was lack of provision aimed at conserving the natural resources. The
driving force behind this was enhancement of purposes of socio-economic exploitation of natural
resources.30

According to NEMA in environmental compliance in Uganda ~ provided for various

management tools such as precautionary principle implementation tools , environmental
planning , environmental monitoring audit, environment standard setting and licensing, public
awareness and participation among others it also goes ahead to provide other key environmental
management tools like polluter pay principle etc.31

The environmental legal system is an organized way of using all of the laws in our legal system
to minimize, prevent, punish or remedy the consequence of actions which damage or threaten the
environment, public health and safety. Environmental law system encompasses all aspect of legal
system examples the constitution, statute, regulation, rules of evidence, rule of procedure,
judicial interpretation, the common law and indeed criminal law to the extent these elements are
being applied toward environment ends.32

Human rights and environmental law have traditionally been envisaged as two distinct,
independent spheres of rights. Towards the last quarter of the 20th century, however, the
perception arose that the cause of protection of the environment could be promoted by setting it

29
Simon Ball and Stuart Bell, “environmental law 1991 pg4
30
NEAP, Guide to the practice of environmental laws in Uganda a handbook 2003 page 83
31
Alex k. winyi Environmental compliance in Uganda / regulatory perspective / environmental impact
assessment process in Uganda 2014
32
Thomas F.P. Sullivan, Environmental law handbook 6 editions page2
in the framework of human rights, which had by then been firmly established as a matter of
international law and practice. Because of the many complex issues that arise when these two
seemingly distinct spheres interact, it is to be expected that there are different views on how to
approach ,,human rights and the environment.33

The percentage of Uganda area covered by wetland is at 10 percent. Activities to restore wetland
are still ongoing in many district though there is open resistance by some illegal wetland users
utilizing the wetland. Notwithstanding the activities in forestry, the forest coverage has reduced
and is now at 9 percent, 12 percent of forest is under strict nature reserve. Forest reserve with
management plan is now 36 percent of the total number of reserve.34

The nations water supply is threatened by toxic industrial chemical waste for example river
Musamya and Sezibwe in the Buikwe district is dying out because of the waste being dump in
the water from the industries. The wetland has been drained for agricultural usage and
settlement. Wetland in Kampala has decrease by 50 percent in the year between 1999 to 2005. 35

The key sources of international environmental law are the same as those which are traditionally
recognised by general international law, namely: (1) international treaties or conventions; (2)
customary international law; (3) general principles of law; and, as secondary sources (4) judicial
decisions and the writings of eminent publicists. These sources are referred to in Art 38(1) of the
1945 Statute of the International Court of Justice (ICJ) as those sources which will be applied by
the ICJ in cases that come before it.36

INTERNATIONAL CONVENTIONS AND OTHER LEGAL INSTRUMENTS IN THE

FIELD OF ENVIRONMENT AND DEVELOPMENT

1. UN General Assembly Resolution 37/7: World Charter for Nature.

2. The 1992 Rio Declaration on Environment and Development.

3. The Stockholm Declaration……

33
Concept of environment protection ecological system and related terms page 46 & 47
34
Sector performance report 2017, by ministry of water and environment
35
The wetland status for Kampala published by The future of wetland keynote addressed by Arymanya Mugisha (2005
36
Source book on Environmental Law by Muarice Sunkin, David M ONG and Robert Wight
Limitations to access to environmental Justice 37

1. Cost of Litigation:

It is a fact that access to justice involves fairness and impartially and that justice should never be
a "high horse" inaccessible to the ordinary man. The Courts of Law should be cheap, easy and
quick to access. Environmental matters normally involve the interest of very poor people who
can hardly afford Court fees and or Lawyers’ fees. These are people who cannot afford to pay
costs of litigation. Being a matter of constitutional importance government should come up with
a separate Court fees structures in the interest of sustainable development. The question which is
asked is why pay fees for the interest of the public?

2. Security for costs:

Since environmental justice is a matter of public interest as it promotes sustainable development

how do we consider the issue of security of costs? Sometime back, a High Court circuit at
Nakawa slammed security for costs in the tune of Shs.50 million against Greenwatch and
Advocates Coalition for development in the case of Greenwatch and another Vs. Golf Course
Holdings HCCS No. 834/2000. In that case Greenwatch and Advocates Coalition for
development (ACFODE) had sued Golf Course holding of constructing a hotel on a wetland and
green areas and of carrying out an illegal Environmental Impact Assessment to justify their
development on the plot. The Plaintiffs sought among other things, a permanent injunction to
restrain further development on the plot, a declaration that the Environmental Impact Assessment
carried out by Golf Course was illegal and a declaration that the said land was a wetland and that
an environmental restoration order be issued against the Golf Course holdings. The Learned
Counsel for the Defendant applied for security for costs on the ground that the Plaintiffs were
likely to lose the case and fail to pay costs since the Defendant had acquired proper lease from
Kampala City Council. The Court granted the application but reduced the amount of costs
claimed from 300 million to 50 million, which was to be paid within 30 days before the case
could take off. One would challenge the above order on two grounds:

37
 (a) Access to justice is a constitutional right especially of the poor. Demanding
security for costs would tantamount to shutting them from their rights.

(b) Access to justice is about sustainable development, which demands that one
should use his property in a manner, which will not affect others. It is not a
question of ownership but a question of sustainable use of property.

Therefore, demanding security for costs on such a premise would be watering down the law to
protect the environment and sustainable development.

3. Adjudicating capacity:

One of the greatest limitations to access to environmental justice is lack of technical training in
environmental law. Environmental jurisprudence as a green movement is just developing. Most
Judges and Lawyers on the bar graduated some decades before environmental law was being
offered. Most of them get difficulties in understanding and applying basic principles of
environmental law such as sustainable development and other environmental considerations. In
most cases they merely get entangled on the common law principles of nuisance, negligence and
trespass. There are cases to illustrate the above scenario for example in Byabazaire Grace
Thaddeus Vs Mukwano Industries Miscellaneous Application No. 90912000 (arising from
Civil Suit No. 40612000). The Plaintiff who had a home near the Defendant's factory sued the
Defendant claiming that the defendant's factory was emitting smoke which was obnoxious,
poisonous, repelling and a health hazards to the community around and to the plaintiff in
particular who was already affected in health. The plaint was struck out on the ground that it did
not disclose a cause of action and that the plaintiff did not have locus standi in that matter should
only have been taken to Court by NEMA and not by the Plaintiff. In light of what I have
discussed above it is very clear that both the Court and the lawyers involved did not apply the
relevant laws properly. The Plaintiff had locus standi under Article 50 of the Constitution. The
issue of Locus Standi has now been resolved in the case of Greenwatch Vs Attorney General
by Justice Lameck Mukasa.

4. Delays:
 Another drawback to access to environmental justice is delays of justice. Justice delayed is no
doubt justice denied. The Constitution of the Republic of Uganda in Article 126 (2) (b) provides
that justice shall not be delayed. Environmental justice is more crucial than ordinary justice as it
is aimed at protecting human health and the environment for posterity. Environmental
jurisprudence in Uganda has shown that our courts are not quick in redressing environmental
matters expeditiously.

5. Public Participation:

The Constitution of Uganda provides for public participation in the administration of justice.
However, in environmental justice, public participation is very poor. This may be due to the fact
that the majority of the citizens are ignorant of their environmental rights. Associated to this is an
element of poor leadership. For example, the issues of high power tariffs have failed to be
resolved and yet parliament had made a resolution to have it reduced. A greater proportion of our
citizenry are also oblivious of environmental damages surrounding them more especially when
the damage is caused by intangible processes.

Public participation is a function of access to information which is guaranteed under Article 41

of the Constitution.

Access to information is an indicator of transparency and accountability in public affairs. There

is a saying that "an ignorant or ill-informed or misinformed populace is prone to manipulation or
exploitation as it does not know its rights.

Section 85 of the National Environment Act gives freedom of access to environmental

information. However, our jurisprudence shows that in certain cases and for unknown reasons
Government is not willing to grant its citizen access to information as a Constitutional right. An
example is the case of Greenwatch Vs. The Attorney General and Uganda Electricity
Distribution Company Ltd.

6. Poor Government policy:

 There is contention that Government is interested in attracting investors at the expense of
sustainable development and when such investors are challenged they seek protection from the
executive. Challenging such investors become a political risk and very few Lawyers would be
willing to take up such cases. This may explain the reason why cases of public interest litigation
are being pursued by very few firms of Advocates.

7. General fear of Litigation:

Poor access is also due to the fact that generally people fear litigation for various reasons:

- Lack of resources and familiarity with legal institutions

- Lack of knowledge of how to go to Court

- Lack of knowledge and trust of remedies available to them.

People associate Court with imprisonment

8. Courts located far from poor people:

The administration of justice in Uganda was established to strengthen colonial administration.

To make it coercive it was established in isolated areas too far from the local people. In most
cases one has to travel between 20 - 30 miles in order to access justice. Court location is to that
extent a great disincentive to access to justice. This is coupled with abject poverty. Good
governance requires that services should be taken nearer to the people. Courts which serve the
greatest bulk of our society should therefore be established nearest to the people i.e. the
Magistrates' courts. As for the High Court, efforts have recently been made to increase the
number of High Court Circuits by creating new circuits of Arua, Masindi, Soroti and Kabale:
See Statutory instruments 2004 No. 20. However, the above efforts should be supported by
manpower. If there are no judges to man those stations their creation would not have much
impact.

9. Lack of Judicial activism:

 The bench and the bar should break off from Orthodox methods of litigation by being creative
in order to realize the dynamic nature of the law. The words of Dr G.L. Peiris in his book.
Towards Equity page 273-274 is pertinent here:

"A judge is not there simply to discover a body of rules then to apply those rules
mechanically to situations that arise in litigation where he is called upon to adjudicate. There is
a creative role for the judge to discharge, in the sense that he must evaluate for himself the
rationale of the rules that he is called upon to apply. It is only then that the law becomes a living
mechanism, virile, vibrant, productive and of use to the community. Otherwise it becomes arid
and sterile."

As a matter of fact, judicial activism is provided in the 1995 Constitution under Article 126(1)
where it is provided that judicial power should be exercised by court is the name of the people
and in conformity with law and with values, norms and aspirations of the people. As to how far
our courts have lived up to the above expectations is up to the participants to evaluate

10. Poor funding:

To offer an adequate service you must have the relevant resources. A good judiciary must have
a well-equipped library and modem information technology. It must also have a well-motivated
staff. All these need adequate funding. Without requisite resources, the judiciary is rendered
weak. This reminds me of Amini's regime where courts could not sit because of lack of
stationery. In fact litigants were required to provide stationery before their causes could move.
Lack of adequate funding is therefore a crucial bottleneck to access to justice.

11. Political Will:

For there to be access to justice the public must have confidence in the judiciary. This can only
be realized if whatever is done by the judiciary is supported by the executive at least
constructively. There must not be arms twisting between the three arms of Government. All
should support and complement each other.
 12. Enforcement constraints:

There is no doubt that some of the environmental legislations are very difficult to enforce. For
instance, I see a lot of difficulties in enforcing a ban on smoking in public places. For instance,
how easy is it to enforce non-smoking in sports stadia and cinema and theatrical halls? Those
places should have been restricted places but not prohibited places. The same should have been
with airports and airfields. They should have been made restricted places for smoking. Other
enforcement constraints relate to lack of staff and resources to enhance sound environmental
management at national and district level.

15. Other limitations:

These include unfriendly court environment, Lack of understanding of language of the law and
court procedure by the majority of court users.

ENFORCING ENVIRONMENTAL LAWS.38

Uganda like many other countries is taking action to protect the environment from
degradation and to restore and protect its natural resources. The country has developed laws and
regulations and management strategies to do this. Most environmental management strategies
involve legal requirements that must be met by individuals and facilities that cause degradation
or harm to the environment natural resources. These requirements are an essential foundation for
environmental and natural resource protection, but they are only the first step. The second
essential step is compliance getting the groups that are regulated to fully implement the
requirements. Without compliance, environmental requirements will not achieve the desired
results. Compliance does not happen automatically once requirements are issued. Achieving
compliance involves efforts to encourage and compel the behavior changes needed to achieve
compliance.

What Is Compliance?

38
Mr. Kenneth Kakuru. Mr. Kenneth Kakuru is an Advocate in Private practice and a Director of Green watch. Paper
presented at a training workshop for Police officers, investigators and State Prosecutors to enhance enforcement
of environmental laws.
Compliance is the full implementation of environmental legal requirements. Compliance occurs
when legal requirements are met and desired changes are achieved, e.g., processes or raw
materials are changed, work practices are changed so that, for example, encroachment on forest
reserves is stopped, reclaiming forests ceases, reduction in pollution, good management of solid
wastes and soil erosion control. The legal requirements are well-designed, then compliance will
achieve the desired environmental results. If the requirements are poorly designed, then
achieving compliance and/or the desired results will likely be difficult.

Enforcement39.

Enforcement is the set of actions that governments or its agencies and other stakeholders.

Take to achieve compliance within the regulated community and to correct or halt situations that
endanger the environment or public health. Enforcement by the government usually includes:

(a) Inspections to determine the compliance status of the regulated community and to detect
violations.

(b) Negotiations with individuals or facility managers who are out of compliance to develop
mutually agreeable schedules and approaches for achieving compliance.

(c) Legal action, where necessary, to compel compliance and to impose some consequence for
violating the law or posing a threat to public health or environmental quality.

SHALLOT AMANYA

THE ENVIRONMENTAL LAWS PROTECTING THE ENVIRONMENT IN UGANDA.

Introduction

Environmental law is a body of law which is a system of complex and interlocking statutes,
common law, treaties, conventions regulations, and politics which seek to protect the natural
environment which may be affected, impacted or endangered by human activities. These have

39
Extra Materials sourced from International Network for Environmental Compliance and Enforcement
(INECE)http://inece.org/africa/prosecutors/
guided the way human beings use the natural resources and at the same time preventing human
activities that may violate the environment.40

This chapter reveals the various laws available in the country protecting the Environment.

The 1995 Constitution of the Republic of Uganda as amended

Article 39 of the 1995 constitution of the Republic of Uganda provides that Every Ugandan has a
right to a clean and healthy environment.41

Objective XXVII (i) of the Preamble of the 1995 constitution of the Republic of Uganda
provides for environment that the state shall promote sustainable development and public
awareness of the need to manage land, air and water resources in a balanced and sustainable
manner for the present and future generations.42

Objective XXVII (ii) also provides that the utilization of the natural resources of Uganda shall be
managed in such a way as to meet the development and environmental needs of present and
future generations of Ugandans; and in, particular, the state shall take all possible measures to
prevent or minimize damage and destruction to land, air and water pollution or other causes. 43

Objective XXVII (iii) provides the state shall promote and implement energy policies that will
ensure that people’s basic needs and those of environmental preservation are met.44

Article 50 of the 1995 constitution of the Republic of Uganda provides that any person who
claims that a fundamental or other right or freedom has been infringed or threatened, is entitled
to apply to a competent court for redress which may include compensation.45

The National Environment Act, 1998

40
Kasekende Noah. Introduction to Environmental Laws in Uganda. Their enforceability and applicability in
Uganda. 2007
41
The 1995 constitution of the Republic of Uganda.
42
ibid
43
ibid
44
ibid
45
ibid
The Act to provide for sustainable management of the environment; to establish an authority as a
coordinating, monitoring and supervisory body for that purpose; and for other matters incidental
to or connected with the foregoing.46

Section 4 of the National Environment Act provides for establishment of the National
Environment Management Authority. According to the Act, this is shall be the principal Agency
in Uganda for the management of the environment and shall coordinate, monitor and supervise
all activities in the field of the environment.

The National Environment (audit) Regulation 2009

Regulation 3 provides that These regulations apply to an environmental audit for project or
activity which environmental and social assessment has been undertaken and any other project or
activity as may be prescribed by the authority.47

Regulation 2 of the interpretation provides environmental audit as the systematic, documented,

periodic, and objective evaluation used to determine how well specified projects or an
organization’s management system, facilities and equipment are performing in conserving the
environment and its resources; and to conform the requirements of the Act, these Regulations
and any other applicable law.

The National Environment (Access to Genetic Resources and Benefit sharing Regulations
2005)

Under Regulation 4, These regulations apply to access to genetic resources or parts of genetic
resources, whether naturally occurring or naturalized, including genetic resources bred for ir
intended for commercial purposes within Uganda or for export, whether in in-situ conditions or
ex-situ conditions.48

46
The National Environment Act, 1998
47
The National Environment (audit) Regulation 2009
48
The National Environment (Access to Genetic Resources and Benefit sharing Regulations 2005)
One of the objectives under regulation 3 is to prescribe the procedure for access to genetic
resources for scientific research, commercial purposes, bio-prospecting, conservation or
industrial application.

To provide for the sharing of benefits derived from genetic resources and to promote the
sustainable management and utilization of genetic resources, thereby contributing to the
conservation of the biological resources of Uganda.

The National; Environment (Wetlands, Riverbanks and Lakeshores Management)

Regulation

These regulations apply to the wetlands where the government holds in trust for the people and
protect wetlands for the common good of the citizens of Uganda under regulation 2.49

Regulation 5 provides that wetland resources shall be utilised in a sustainable manner compatible
with the continued presence of wetlands and their hydrological functions and services.

The regulations also provide for protection zones for riverbanks and lake shores. The regulations
provide for the protection of wetlands; their conservation and wise use; inventorying of
wetlands; and wetland use permits for regulated activities.

The National Environment Impact Assessment Regulations, 1998

These regulation aims at reviewing and advising on the implementation procedures for
environmental impact assessment and making recommendations to the board and the executive
director.50

It also aims at advising and recommending mechanisms for ensuring effective communication f
environmental concerns associated with development projects in order to promote multi-sectoral
and public participation in implementation of environmental policy.

49
The National; Environment (Wetlands, Riverbanks and Lakeshores Management) Regulation
50
The National Environment Impact Assessment Regulations, 1998
The regulation provides for EIA review processes, including invitation of general public
comments and public hearings and the decision of the Executive Director of the National
Environment Management Authority.

The National Environment (Minimum standards for Management of soil Quality)

Regulation

The purpose of these regulations as revealed under regulation 3 is to establish and prescribe
minimum soil quality standards to maintain, restore and enhance the inherent productivity of the
soil in the long term. Another is to establish minimum standards for the management of the
quality of soil for specified agricultural practices and to establish criteria and procedures for the
measurement and determination of soil quality and to issue measures and guidelines for soil
management.51

The regulations have six schedules which include the first schedule mainly dealing with soil
quality parameters; second schedule on guidelines for management of fragile or peculiar soils;
the third schedule on parameters and methods of determination of soil quality; fourth schedule on
soil conservation measures and guidelines; fifth schedule on recommended frequency,

The National Environment (Noise Standards and Control) Regulations 2003

According to regulation 3, the purpose of these regulations is to ensure the maintenance of a

healthy environment foe all people in Uganda, the tranquility of their surroundings and their
psychological well-being by regulating noise levels, and generally, to elevate the standards of
living of people by prescribing the maximum permissible noise levels from a facility or activity
to which a person may be exposed.52

It provides the control of noise and for mitigating measures for the reduction of noise. A local
council may, in accordance with the local Governments Act, make laws regulating noise and
vibration pollution.

Laws made by a Local council under sub-regulation (1) shall not be inconsistent with the
National Environment Act, Cap 153 or with these regulations.

51
The National Environment (Minimum standards for Management of soil Quality) Regulation
52
The National Environment (Noise Standards and Control) Regulations 2003
The National Environment Water Act

The Act according to section 4, it is mainly to promote the rational management and use of the
waters of Uganda through the progressive introduction and application of appropriate standards
and techniques for the investigation, use, control, protection, management and administration of
water resources.53

The coordination of all public and private activities which may influence the quality, quantity,
distribution, use or management of water resources. The coordination, allocation and delegation
of responsibilities among ministers and public authorities for the investigation, use, control,
protection, management or administration of water resources. To promote the provision of a
clean, safe and sufficient supply of water for domestic purposes to all persons.

All rights to investigate, control, protect and manage water in Uganda for any use is vested in the
Government and shall be exercised by the minister and the director in accordance with this part
of the Act as to section 5 of the Act.

The National Environment Waste Management Regulation, 1999

These regulations apply to all categories of hazardous and non-hazardous waste, to the storage
and disposal of hazardous waste and their movement into and out of Uganda; and to all waste
disposal facilities, landfills, sanitary fills and incinerators.54

The regulation prohibits the disposal of untreated waste into the environment.

The National Environment Act, section 52 provides that every person has the duty to manage any
waste generated by his or her activities of those persons working under his or her direction in
such a manner that he or she does not cause ill health to the person or damage to the
environment. It provides that no person shall dispose off any waste whether within or outside
Uganda except in accordance with this Act as may be prescribed.55

The National Environment Mining Act

53
The National Environment Mining Act
54
The National Environment Waste Management Regulation, 1999
55
The National Environment Mining Act
Under section 2, the mining Act vests powers of the entire property in and in control of all
minerals and petroleum in, under or upon any lands or waters in Uganda are vested in the
Government, expect insofar as the property and control may in any case be limited by any
recognition of title or express grant.56

Section 3 of the Act provides that any person who prospects or mines on any lands or waters in
Uganda otherwise than in accordance with this Act or who aids or abets any such person
commits an offence.

The Act provides for environmental protection standards, environmental restoration plans and
environmental performance bonds in accordance with the Environment Act.

National Environment Act empowers the commissioner for Geological survey and Mines
Department to inspect mines, factories or premises where minerals are kept or processed to
ensure that the provisions of this Act are compiled with for example the health and safety of
persons employed therein and impose restrictions where it is deemed necessary.

The National Environment Forestry and Tree Planting Act 8/2003

This Act is to provide for the conservation, sustainable management and development of forests
for the benefit of the people of Uganda; to provide for the declaration of forest reserves for the
purposes of the protection and production of forests and forests to produce; to provide for the
sustainable use of forest resources and the enhancement of the productive capacity of forests; to
provide for the promotion of tree planting; consolidate the law relating to the forest sector and
trade in forest produce; to establish a National Forestry Authority.

The purpose of this Act as to section 2 of the Act is to create an integrated forest sector that will
facilitate the achievement of sustainable increases in economic, social and environmental
benefits from forests ad trees by all other people of Uganda; to guide and cause the people of
Uganda to plant trees; to ensure that forests and trees are conserved and managed in a manner
that meets the needs of the present generation without compromising the rights of future

56
The National Environment Mining Act
generations by safeguarding forest biological diversity and the environmental benefits that
accrue from forests and trees. 57

The National Environment Hilly and Mountainous Areas Regulation

Under regulation 3, they apply to facilitate the sustainable utilization and conservation of
resources in mountainous areas by and for the benefit of the people and communities living in
the area.58

It also applies to promote the integration of wise use of resources in mountainous and hilly areas
in the local and national management of natural resources for socio-economic development and
to regulate and promote efficient and sustainable use of resources in mountainous and hilly areas
so that the functions and values derived there from are maintained for the present and future
generations.

The National Environment Act gives powers to the authority in consultation with the lead agency
issue guidelines and prescribe measures for the sustainable use of hillsides, hilltops and
mountainous areas. The guideline issued and measures prescribed by the authority under
subsection (1) shall include those relating to-appropriate farming methods; measures to curb soil
erosion, disaster preparedness in areas prone to landslides; the protection of water catchment
areas; and any other measures the authority considers necessary.

The National Environment Ozone Depletion and Substances Products regulations

These regulations purpose to regulate the production, trade and use of controlled substances and
products that deplete the Ozone layer, promote the use of ozone friendly substances, equipment
and technology; and ensure the elimination of substances and products that deplete the ozone
layer.

Section 50 of the National Environment Act provides that the authority shall in consultation with
the lead agency, undertake national studies and give due recognition to developments in

57
The National Environment Forestry and Tree Planting Act 8/2003
58
The National Environment Hilly and Mountainous Areas Regulation
scientific knowledge relating to substances, activities and practices that deplete the stratospheric
ozone layer and other components of the stratosphere to the detriment of human health.59

The authority shall in consultation with the lead agency, make regulations, issue guidelines and
institute programmes concerning-

a) the elimination of substances that deplete the ozone layer;

b) management practices and activities likely to lead to the degeneration of the ozone layer
and the stratosphere; and
c) the reduction and minimization of risks to human health created by the degradation of the
ozone layer and the stratosphere.

METHODOLOGY

Introduction

The concept of "environmental and legal culture" objectifies in itself political, legal,

socially significant, culturological, and ecological components. This multi-segment nature

of the phenomenon predetermines the formation of an independent methodological

mechanism of scientific and legal research.60

There are several research Methods and the research methodology depends on the integrative and
interdisciplinary nature of Environmental law. The work uses approaches and methods capable
of solving problems of a complex level of knowledge. Traditionally, complex integrated and
differentiated approaches are applied to the study of Environmental law as a branch of law, as
well as structural, systemic, functional, and axiological research methods.61

In this research we are intending to use the research method of Questionnaires

Therefore researched Structured quantitative surveys in environmental justice research are often
used because they access a larger number of people (through mail, telephone and the internet)

59
National Environment Act
60
SHS Web of conferences 118'1007(2021)
61
SHS Web of conferences 118, 1007(2021)
than is often possible through qualitative research and can still provide opportunities for
respondents to express themselves through open ended questions. Surveys allow generalizations
to be made and for relationships to be drawn between perceptions of fairness and the
characteristics of respondents (e.g. their social- economic status). The ability to quantify data and
apply statistical analyses can make it easier to communicate the results and recommendations to
policy makers, because they may perceive quantitative results to be more valid and valuable 62

Surveys or questionnaires be used for different purposes and can enable evaluation of diverse
responses to environmental policies, laws and their administration. In sequential research,
surveys can be used in at least two different ways. Surveys can be used early in the research
process to identify areas for the focus of future in-depth inquiry. Later in the research process,
surveys allow for the ideas generated through qualitative research to be tested and generalized to
a broader population.

Study design and rationale of international conventions in environmental protection.

International conventions in environmental protection are agreements or treaties established

among nations to address global environmental challenges and promote sustainable
development. These conventions serve as frameworks for cooperation and coordination among
countries, aiming to protect the environment and mitigate the impacts of human activities on
natural resources and ecosystems. The study design and rationale of these conventions are
primarily based on the following key aspects:

1. Scientific Understanding: International conventions are often developed based on scientific

research and understanding of environmental issues. Scientists and experts contribute to the
design and formulation of these agreements by providing evidence-based information on the
state of the environment, potential risks, and the need for specific actions to protect it. This
scientific knowledge forms the rationale for the conventions and helps guide policy decisions.

2. Common Concern: International conventions are typically established around areas of

common concern shared by multiple countries. Examples include climate change, biodiversity
loss, marine pollution, ozone depletion, and the conservation of specific ecosystems. The
62
Justice approaches: Methodology in environmental justice research
rationale is based on the recognition that environmental problems transcend national boundaries
and require global cooperation to address effectively.

3. Precautionary Principle: The precautionary principle is a key element in the design of

environmental conventions. It states that in the face of scientific uncertainty, preventive
measures should be taken to avoid potential environmental harm. This principle justifies the need
for international agreements that proactively address environmental risks, even in the absence of
complete scientific consensus.

4. Multilateralism and Cooperation: International conventions are designed to promote

multilateralism, fostering cooperation and collaboration among countries. The rationale is that
environmental protection is a global responsibility that requires collective action, as no single
country can effectively tackle transboundary environmental issues alone. Conventions provide a
platform for countries to negotiate, share knowledge, set common goals, and establish
mechanisms for monitoring and enforcement.

5. Legal Framework: Conventions provide a legal framework for countries to commit to specific
actions and obligations. They often include provisions for reporting, data sharing, technology
transfer, capacity building, financial assistance, and dispute resolution. The design of these
agreements aims to ensure compliance and accountability among participating nations.

6. Sustainable Development: Many environmental conventions recognize the interdependence

between environmental protection and sustainable development. They emphasize the need to
achieve a balance between environmental, social, and economic goals. The rationale is to
promote environmentally sound practices that support long-term economic growth, poverty
eradication, and social well-being.

Therefore, the study design and rationale of international conventions in environmental

protection revolve around scientific understanding, common concern, the precautionary
principle, multilateralism, legal frameworks, and sustainable development. These conventions
play a crucial role in fostering global cooperation, setting standards, and guiding policies to
safeguard the environment for current and future generations

Study setting and rationale of the international conventions in environmental protection.

The study setting and rationale of international conventions in environmental protection are
rooted in several key factors.

1. Global Nature of environmental issues: Environmental problems such as climate change,

deforestation, biodiversity loss, and pollution do not respect national boundaries and have global
impacts requiring collective action and cooperation among nations. international conventions
provide a platform for countries to come together, share knowledge, and jointly address
challenges.

2. Scientific research and knowledge Exchange: International conventions facilitate the exchange
of scientific research, Data, and best practices among participating countries. They establish
mechanisms for monitoring and assessing environmental conditions identifying emerging issues
and Sharing information effective policies and strategies. This scientific collaboration enhances
understanding of environmental challenges and supports evidence based on decision-making.

3. Shared Responsibility: Environmental protection is a shared responsibility of all nations and

they emphasize the principle of common but differentiated responsibilities recognizing that
developed nations bear a greater burden due to their historical contributions to environmental
degradation. The conventions provide a platform for negotiations and agreements on burden
sharing, financial assistance, and technology transfer to support developing countries in
environmental efforts.

In conclusion, therefore,

The study setting and rationale of international conventions in environmental protection revolve
around the recognition that global Environmental challenges require collective action, shared
responsibility, legal framework, and capacity building. These conventions play a crucial role in
fostering international cooperation, promoting sustainable development, and safeguarding the
environment for present and future generations.